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.~~._r PROVISIONS Indemnification and Hold Harmless The program manager agrees at all times during the term of this agreement to indemnify and hoid harmless the Department of Juvenile Justice and Delinquency Prevention against liability, loss, damages, costs, or expense which the Department of Juvenile Justice and Delinquency Prevention may be requested to pay bY reason of any client's suffering personal injury, death, or property loss, or damage either while participating in or receiving from the program services to be furnished by the program under this agreement, operated, leased, chartered or otherwise contracted for by the program or any employee who is furnishing services called for under this agreement; provided, however, that the provisions of the paragraph shall not apply to iiabilities caused by or resuiting from the acts of th Department of Juvenile Justice and. Delinquency Prevention or any of its officers. employee, agents 0 Grantee Audit Requirement ;~.,.~"...."<" .'-.-'''~--~ Local Government or Public Authority A. Local Government or Public Authorities in accordance with N.C.G.S.!l159-34, must have an audit performed in conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance. with all applicable federal and State agency regulations. This audit, combined with the audit of financial accounts, shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". At a minimum, the required report shall inciude the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit shall be performed in conformity with generally accepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, and must meet the requirements of OMB Circular A-133. The audit report is to be submitted to the Department 0 II ,,'''''nHi:> b I<:;::tiI"Q "'nrl n""lini'lllOnl"\I P..Q\IQntinn the :::.nn..n......i:::.t"" 1"01 ,nh, fin",,,I"'" offi,...o :::.nn to othQ" .."",..ini""nt<:: as appropriate within nine months after the end of your program's fiscal year. In accordance with N.C_G.S.~143-6.2 recipients of State funds must 1) Ensure funds received .are spent inl accordance with the purposes for which they were granted and be accountable for the legal and. appropriate expenditure' of State grant funds; 2) Maintain reports, records, and other information to properly account for the expenditure of al/ State grant funds received by the grantee and to make reports, records and other information available to the Department or the State Auditor for oversight, monitoring and evaluation purposes;3) Hold any non- State entity to which the grantee provides a grant of State funds accountable for the legai and appropriate expenditure of State grant funds. J..1......._<::::.."....C......:...co B. Entities/Organizations receiving, using or expending State funds between $15,000 and less than $300,000 are required to provide basic financial statements as identified in N.C.G.S.9143-6.1 and adherence to the requirements in N.C.G.S.!l143-6.2. Entities/Organizations receiving $300,000 or more are required to prepare a financial statement/certified audit report prepared by a Certified Public Accountant (CPA); and Description of Activities and Accomplishments for Entities Receiving $300,000 or more. Programs are responsible for being familiar with above Affirmative Action The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the tratment of all employees without regard to < o Termination of Agreement If. through any cause, the Contractor shaH fail to fulfili in a timely and proper manner, its obligations under this Agreement, the DJJDP shall thereupon have the right to terminate this Agreement by givin9 at least thirty (30) days " prior written notice to the Contractor of such termination and speCifying the effective date of the termination. Further, the DJJDP or the Contractor may terminate this Agreement at anytime and without cause by giving at teastthirty (30) days advance written notice to the other. If this Agreement is terminated by DJJDP as provided herein, the Contractor shall be reimbursed On a pro raia basis for services satisfactorily provided to DJJDP under this v '0 Acknowledgment As a term of this agreement the recipient agrees to indicate the program was funded in whole or in part by the North Carolina De artment of Juvenile Justice and Delin uene Prevention in publicit and to ram materials. [.:'-4-